These Terms and Conditions (“Terms”) govern your use of the Panoptica Web Site (“Panoptica Site”) or Panoptica Services (“Services”). These Terms apply to all users of the Panoptica Site and Services. By using the Panoptica Site or Services, you agree to these Terms.
Some of our Services have additional terms and conditions (“Additional Terms”). When Additional Terms apply to a Service, we’ll make them available for you to read through. By using the Services, you agree to the Additional Terms.
Acceptable Use of the Panoptica Site and Services
You’re responsible for your use of the Panoptica Site and Services and for any use of the Panoptica Site or Services through your account. Panoptica believes in respect, so we prohibit certain kinds of conduct that may be harmful to others or to Panoptica. When you use the Panoptica Site or Services, you may not and agree that you won’t:
- violate any law or regulation;
- violate or infringe other people’s intellectual property, privacy, publicity or other legal rights;
- use the Panoptica Site or Services to transmit, distribute, post or submit any information about any other person or entity, including without limitation, photographs of others, without their permission or personal contact information;
- transmit anything that’s illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, like spam;
- transmit any malicious or unsolicited software;
- stalk, harass or harm another individual;
- impersonate or misrepresent your affiliation with someone else;
- use any means to “scrape,” “crawl,” or “spider” any Web pages contained in the Panoptica Site (although Panoptica does allow operators of public search engines to use spiders to index materials from the Panoptica Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Panoptica reserves the right to revoke these exceptions either generally or in specific cases);
- use automated methods to use the Panoptica Site or Services in a manner that sends more requests to the Panoptica servers in a given period of time than a human can reasonably produce in the same time using a conventional Web browser;
- interfere with or damage the Panoptica Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- register for more than one Panoptica account or register for a Panoptica account on behalf of anyone other than yourself;
- use, display, mirror or frame the Panoptica Site or any individual element within the Panoptica Site or Services, Panoptica’s name, any Panoptica trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Panoptica’s express written consent;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Panoptica or any of Panoptica’s providers or any other third party (including another user) to protect the Panoptica Site or Services;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Panoptica Site or Services; or advocate, encourage or assist anyone else in doing any of the above.
Panoptica has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Panoptica may involve and cooperate with law enforcement in prosecuting users who violate these Terms. You acknowledge that Panoptica is not obligated to monitor your access to or use of the Panoptica Site or Services, but has the right to do so in order to operate the Panoptica Site or Services, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Panoptica reserves the right, at any time and without prior notice, to remove or disable access to any Panoptica Site Content that Panoptica, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Panoptica Site or Services.
We own, license or have permission to use the content on the Panoptica Site and Services, including software, text, visual and audio content(referred to together as “Content”) and Panoptica’s trademarks, logos, and brand elements (referred to as “Marks”).The Content and Marks are protected under U.S. and international laws. Any reproduction, modification, distribution, transmission, republication, display or performance of the Content contained on the Panoptica Site is strictly prohibited; however, you may view such Content in the manner provided by Panoptica through the Panoptica Site If you use Content on Marks other than as expressly permitted in this Agreement, you may be liable for infringement, misappropriation or other legal causes of action.
Changes to the Panoptica Site or Services
Panoptica enhances and updates the Panoptica Site and Services often. We may change or discontinue the Panoptica Site or any Services, with or without notice to you.
We reserve the right not to provide the Panoptica Site or Services to any user. We also reserve the right to terminate any user’s right to access the Panoptica Site or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Panoptica Site and Services automatically terminates.
Disclaimer and Limitations on Our Liability
YOU USE THE PANOPTICA SITE AND SERVICES AT YOUR OWN RISK. THE PANOPTICA SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, PANOPTICA AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PANOPTICA SITE AND SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT.
IN PARTICULAR, PANOPTICA AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE PANOPTICA SITE OR SERVICES (INCLUDING,WITHOUT LIMITATION, ANY CONTENT), OR THE CONTENT OF ANY WEB SITES OR RESOURCES LINKED TO THE PANOPTICA SITE OR SERVICES. PANOPTICA AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO ORUSE OF THE PANOPTICA SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE PANOPTICA SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE PANOPTICA SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE PANOPTICA SITE OR SERVICES.
PANOPTICA AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED ON OR THROUGH THE PANOPTICA SITE OR SERVICES OR ANY LINKED WEB SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OBTAINED THROUGH THE PANOPTICA SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OCCURRING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PANOPTICA OR THROUGH THE PANOPTICA SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PANOPTICA NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE PANOPTICA SITE OR SERVICES.
Some jurisdictions don’t allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. So, some of the above limitations and disclaimers may not apply to you. To the extent Panoptica may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of that warranty and the extent of Panoptica’s liability will be the minimum permitted under the law.
You agree to indemnify and defend Panoptica and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information that you or anyone using your account submit, post or transmit through the Panoptica Site or Services; (b) the use of the Panoptica Site or Services by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity or other proprietary rights by you or anyone using your account. Panoptica reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you’ll reasonably cooperate with Panoptica in that defense.
Under no circumstances will Panoptica be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of laws rules or provisions. You agree that any action of any nature arising from or relating to these Terms, the Panoptica Site or the Services will be filed only in the state or federal courts located in New York. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.If any part of these Terms is found to be unlawful, void, or unenforceable, then that portion will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions. The failure of Panoptica to enforce any right or part of these Terms will not prevent Panoptica from enforcing that right or portion of the Terms in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.
Changes to the Terms
From time to time, we may change these Terms. If we change these Terms, we’ll let you know by posting the revised Terms on the Panoptica Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use the Panoptica Site or Services, you agree to the revised Terms.